Munir Miya @ Manir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.645 of 2021 Arising Out of PS. Case No.-172 Year-2016 Thana- PANAPUR District- Saran ====================================================== Munir Miya @ Manir Mian, Son of Kalamuddin Mian @ Abdul Kalam Miya @ Abdul Kalam, Resident Of Village - Bhorahan Pandey Tola, Police Station - Panapur, District - Saran (CHAPRA) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai, Adv.

For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 498(A), 341, 323, 307, and 504/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act. Later on Section 304(B) was also added.

Petitioner had earlier moved this Court for grant of regular bail which was rejected vide Annexure 1 with a direction to the trial court to expedite the trial and conclude the same within one year.

There is direct allegation against petitioner made by his wife (since deceased) in her fardbeyan that he poured

Patna High Court CR. MISC. No.645 of 2021(2) dt.10-02-2021 2/2 kerosene oil upon her and set ablaze, as a result of which, she died subsequently.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. It is further submitted that 7 witnesses have been examined and only two official witnesses are to be examined. Petitioner has no criminal antecedent and he is in custody since 01.04.2018. Considering the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected.

However, the court below is directed to expedite the trial and conclude the same within six months from the date of receipt/production of the copy of the order. With the above observation, this application is disposed of.

(S. Kumar, J) Rajiv/- U T